| (vi) verification from the vehicle manufacturer on
its letterhead stationery.
(4) Alterations to documentation. An alteration to
a registration receipt, title, manufacturer's certificate, or other
evidence of ownership constitutes a valid reason for the rejection
of any transaction to which altered evidence is attached.
(A) Altered lien information on any surrendered evidence
of ownership requires a release from the original lienholder or a
statement from the proper authority of the state in which the lien
originated. The statement must verify the correct lien information.
(B) A strikeover that leaves any doubt about the legibility
of any digit in any document will not be accepted.
(C) A corrected manufacturer's certificate of origin
will be required if the manufacturer's certificate of origin contains
an:
(i) incomplete or altered vehicle identification number;
(ii) alteration or strikeover of the vehicle's model
year;
(iii) alteration or strikeover to the body style, or
omitted body style on the manufacturer's certificate of origin; or
(iv) alteration or strikeover to the weight.
(D) A Statement of Fact may be requested to explain
errors, corrections, or conditions from which doubt does or could
arise concerning the legality of any instrument. A Statement of Fact
will be required in all cases:
(i) in which the date of sale on an assignment has
been erased or altered in any manner; or
(ii) of alteration or erasure on a Dealer's Reassignment
of Title.
(5) Rights of survivorship. A signed "rights of survivorship"
agreement may be executed by a natural person acting in an individual
capacity in accordance with Transportation Code, §501.031.
(6) Identification required.
(A) An application for title is not acceptable unless
the applicant presents a current photo identification of the owner
containing a unique identification number and expiration date. The
identification document must be a:
(i) driver's license or state identification certificate
issued by a state or territory of the United States;
(ii) United States or foreign passport;
(iii) United States military identification card;
(iv) North Atlantic Treaty Organization identification
or identification issued under a Status of Forces Agreement; or
(v) United States Department of Homeland Security,
United States Citizenship and Immigration Services, or United States
Department of State identification document.
(B) If the motor vehicle is titled in:
(i) more than one name, then the identification of
one owner must be presented;
(ii) the name of a leasing company, then:
(I) proof of the Federal Employer Identification Number/Employee
Identification Number (FEIN/EIN) of the leasing company must be submitted,
written on the application, and can be entered into the department's
titling system. The number must correspond to the name of the leasing
company in which the vehicle is being titled; and
(II) the leasing company may submit:
(-a-) a government issued photo identification, required
under subparagraph (A) of this paragraph, of the lessee listed as
the registrant; or
(-b-) a government issued photo identification, required
under subparagraph (A) of this paragraph, of the employee or authorized
agent who signed the application for the leasing company, and the
employee's or authorized agent's employee identification, letter of
authorization written on the lessor's letterhead, or a printed business
card. The printed business card, employee identification, or letter
of authorization written on the lessor's letterhead must contain the
name of the lessor, and the employee's or authorized agent's name
must match the name on the government issued photo identification;
(iii) the name of a trust, then a government issued
photo identification, required under subparagraph (A) of this paragraph,
of a trustee must be presented; or
(iv) the name of a business, government entity, or
organization, then:
(I) proof of the Federal Employer Identification Number/Employee
Identification Number (FEIN/EIN) of the business, government entity,
or organization must be submitted, written on the application, and
can be entered into the department's titling system. The number must
correspond to the name of the business, government entity, or organization
in which the vehicle is being titled;
(II) the employee or authorized agent must present
a government issued photo identification, required under subparagraph
(A) of this paragraph; and
(III) the employee's or authorized agent's employee
identification; letter of authorization written on the business',
government entity's, or organization's letterhead; or a printed business
card. The printed business card, employee identification, or letter
of authorization written on the business', government entity's, or
organization's letterhead must contain the name of the business, governmental
entity, or organization, and the employee's or authorized agent's
name must match the name on the government issued photo identification.
(C) In addition to the requirements of subparagraphs
(A) and (B) of this paragraph, if a power of attorney is being used
to apply for a title, then the applicant must show:
(i) identification, required under subparagraph (A)
of this paragraph, matching the person named as power of attorney;
or
(ii) identification, required under subparagraph (A)
of this paragraph, and employee identification or a printed business
card or authorization written on the letterhead of the entity named
as power of attorney that matches the identification of the employee
if the power of attorney names an entity.
(D) Within this subsection, "current" is defined as
not to exceed 12 months after the expiration date, except that a state-issued
personal identification certificate issued to a qualifying person
is considered current if the identification states that it has no
expiration.
(E) Within this subsection, an identification document
such as a printed business card, letter of authorization, or power
of attorney, may be an original or a photocopy.
(F) A person who holds a general distinguishing number
issued under Transportation Code, Chapter 503 or Occupations Code,
Chapter 2301 is exempt from submitting to the county tax assessor-collector,
but must retain:
(i) the owner's identification, as required under subparagraph
(A) of this paragraph; and
(ii) authorization to sign, as required under subparagraph
(B) of this paragraph.
(G) A person who holds a general distinguishing number
issued under Transportation Code, Chapter 503 or Occupations Code,
Chapter 2301, is not required to submit photo identification or authorization
for an employee or agent signing a title assignment with a secure
power of attorney.
(d) Title issuance.
(1) Issuance. The department or its designated agent
will issue a receipt and process the application for title on receipt
of:
(A) a completed application for title;
(B) required accompanying documentation;
(C) the statutory fee for a title application, unless
exempt under:
(i) Transportation Code, §501.138; or
(ii) Government Code, §431.039 and copies of official
military orders are presented as evidence of the applicant's active
duty status and deployment orders to a hostile fire zone; and
(D) any other applicable fees.
(2) Titles. The department will issue and mail or deliver
a title to the applicant or, in the event that there is a lien disclosed
in the application, to the first lienholder unless the title is an
electronic record of title.
(3) Receipt. The receipt issued at the time of application
for title may be used only as evidence of title and may not be used
to transfer any interest or ownership in a motor vehicle or to establish
a new lien.
(e) Replacement of title. If a title is lost or destroyed,
the department will issue a certified copy of the title to the owner,
the lienholder, or a verified agent of the owner or lienholder in
accordance with Transportation Code, Chapter 501, on proper application
and payment of the appropriate fee to the department.
(1) Identification required.
(A) An owner or lienholder may not apply for a certified
copy of title unless the applicant presents a current photo identification
of the owner or lienholder containing a unique identification number
and expiration date. The identification document must be a:
Cont'd... |
